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Intentional Torts Chapter 13
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Tort A “wrong or fault” causing injury to another person. There are two kinds of torts: - intentional -unintentional
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4 Elements of every tort Intentional interference Harm Damages Defense
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Tort Law and Criminal Law
Between defendant and plaintiff Based on case law Balance of probabilities Sentence is damages ($) Between crown and accused Based on criminal code Beyond a reasonable doubt Can be sentenced to custody
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I. Harming People Bodily Injury
Battery – any physical touching without consent Assault – threat of force, fear of immediate physical contact
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I. Harming People B. Denial of Personal Freedom
False imprisonment – confined against your will Privacy – invasion of privacy
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I. Harming People C. Injury to reputation
malicious prosecution – damages for wrongfully starting criminal proceedings against someone Defamation – libel (written) slander (verbal)
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II. Abusing Property Goods
Conversion – stealing or not returning goods Trespass – must have damage
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II. Abusing Property B. Land Trespass – on land without permission
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III. Remedies Nominal damages – a small token amount
Compensatory damages – reimburse person for all financial loss Punitive damages – civil fine
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